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What You May/May Not Know About DACA & DAPA

Can I apply, When Can I Apply, etc!

What You May/May Not Know About DACA & DAPA….Can I apply, When Can I Apply, etc!

You can apply for benefits under Original DACA program implemented in 2012

D.A.C.A. short for Deferred Action for Childhood arrivals is a decision to postpone removal (deportation) from the United States for a three year period.

What do I get if I am granted relief under the Original DACA?

If granted DACA you can work in the United States for a period of two years. However, DACA approval does not lead to citizenship, and only defers your removal from the United States.

So in a nutshell:

  1. You get work authorization
  2. You can apply for a social security card
  3. You can apply for drivers license
  4. You may also apply for Advanced Parole allowing you to visit your country and come back to the U.S.

Also, anyone granted DACA under the original DACA program, is eligible to RENEW the DACA at the end of the three years.

How do I qualify under the Original DACA program?

  • You must be under 31 years old as of June 15, 2012
  • Entered the United States under the age of 16 years old
  • You were in the United States on June 15, 2007
  • Living Continuously in the US since June 15, 2007
  • Be living in the United States as of June 15, 2012
  • Have no lawful immigration status as of June 15, 2012
  • Have not been convicted of a felony, significant misdemeanor, three or more misdemeanors, and are not a threat to national security or public safety.
  • Currently a student, OR obtained a high school diploma/GED, OR be an honorably discharged individual of armed forces/ coast guard

If you feel you qualify for the Original DACA program and have questions about qualifying/applying, contact Law Office of E.M. Wafula to schedule a consultation! Contact us @ 901-614-9090.

The New (Expanded) DACA and DAPA program as announced by President Obama on November 20, 2014

On November 20, 2014 President Obama announced that he would stop the deportation of two groups of people:

  • Young Immigrants under a revised Deferred Action for Childhood Arrivals (DACA)
  • Parents of U.S. Citizens/lawful permanent residents, under Deferred Action for Parental Accountability (DAPA).

What do I get if I am granted relief under the New DACA or DAPA?

If granted the New DACA or DAPA, you can work in the United States for a period of three years. It does not lead to citizenship though.

So in a nutshell:

  1. You get work authorization
  2. You can apply for a social security card
  3. You can apply for drivers license
  4. You may also apply for Advanced Parole allowing you to visit your country and come back to the U.S.

President Obama announced on November 20, 2014, that up to 5 million illegal immigrants would be eligible to receive relief from deportation, if they met certain criteria listed below.

How do I qualify under the New (Expanded) DACA?

  • Have continuously lived in the United States since January 1, 2010.
  • Came to the U.S. before you were 16 years old.
  • You were in the United States on June 15, 2012
  • You had no lawful immigration status as of June 15, 2012
  • You are currently a student, OR obtained a high school diploma/GED, OR be an honorably discharged individual of armed forces/ coast guard
  • Have not been convicted of a felony, significant misdemeanor, three or more misdemeanors, and are not a threat to national security or public safety.

How do I qualify for DAPA?

  • You have a U.S. Citizen or Permanent Resident child
  • You have continuously lived in the United States since January 1, 2010
  • You were in the United States on November 20, 2014
  • You were in the United States without lawful immigration status on November 20, 2014
  • Have not been convicted of a felony, significant misdemeanor, three or more misdemeanors, and are not a threat to national security or public safety.

When can I apply for the New DACA or DAPA?

Right now, you cannot apply for the New (Expanded) DACA or DAPA. The New DACA and DAPA were enjoined as of February, 2015 and a recent Federal Appeals court upheld this decision. Meaning NO ONE can apply or benefit from these programs at the moment.  

However the decision has been appealed and the program COULD become available at a later time.

So what can I do in the Meantime?

You can fix any prior criminal, child support, or tax issues that may prevent you from applying for the program. You can also begin gathering any necessary documents needed to apply for these programs.

BUT remember, the applications have not even been made available to the public. Do not be a victim of fraud and Do not let anyone who is not an attorney file anything for you.

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